Your privacy is our top priority.
These Terms and Conditions (“Terms”) govern your access to and use of (a) the websites, portals, and content operated under the Kahea.ai brand and (b) the products and services offered by OpenTelecom – Consulting for Telecoms, Lda (“OpenTelecom”, “we”, “us”, “our”), including consulting, software, and cloud services (collectively, the “Services”). By accessing the Kahea.ai website or using the Services, you agree to be bound by these Terms.
Website use is governed by these Terms. Purchase or use of paid Services may be further governed by an order form, Master Services Agreement (MSA), or Statement of Work (SOW). If there is a conflict, the signed MSA/SOW or order form prevails.
You must be at least the age of majority in your jurisdiction and have legal authority to bind the Customer. You represent that all registration information is accurate and kept up to date.
You are responsible for maintaining the confidentiality of credentials and for all activity under your account. Notify us promptly of unauthorized use. We may suspend access for security reasons or suspected breach.
Platform (Kahea.ai)
Professional Services
Beta/preview features
You will not: (a) reverse engineer, decompile, or attempt to access source code (except to the extent permitted by law); (b) use the Services to infringe, defame, harass, or violate rights; (c) interfere with or disrupt the Services; (d) attempt to bypass security or usage limits; (e) use the Services for high-risk or life-critical operations; (f) send spam or unlawful communications; or (g) violate applicable telecom, privacy, or recording laws (including consent for call recording/monitoring).
Unless expressly stated in writing, the Services are not a replacement for traditional telephone services and do not support calls to emergency numbers (e.g., 112/911). Customer must provide alternative means for emergency communications. Customer is solely responsible for regulatory compliance (e.g., call recording consent, lawful intercept requirements, number porting rules) and for any carrier agreements, DIDs, or SIP trunks.
The Services may interoperate with third-party platforms (e.g., carriers, cloud providers, AI/LLM vendors). We are not responsible for third-party services’ acts, omissions, pricing, or availability. Open source components are licensed under their respective licenses; details are available upon request or within the Documentation.
Our Privacy Policy describes how we collect, use, and protect personal data and is incorporated by reference. Customer is responsible for obtaining all required consents and providing all necessary notices to data subjects whose data is processed through the Services. Where required, the parties will execute a Data Processing Agreement (DPA) and, if applicable, Standard Contractual Clauses.
Customer Data
Security
We (and our licensors) retain all rights, title, and interest in the Services, software, Documentation, and trademarks (including Kahea.ai). No rights are granted except as expressly stated. Feedback may be used freely by us without restriction.
Subject to these Terms and payment of applicable fees, we grant Customer a limited, non-exclusive, non-transferable license for Authorized Users to access and use the Services for Customer’s internal business purposes, within any usage, seat, capacity, throughput, or geographic limits stated in the order form or Documentation.
Fees are as stated in the order form or online checkout. Subscriptions renew automatically for the same term unless canceled per Section 17. Prices are exclusive of taxes; Customer is responsible for VAT and other applicable taxes. Late payments may incur interest and/or suspension. Prepaid amounts are non-refundable except as expressly stated in these Terms.
Any SLAs or support commitments are provided in the applicable order form or Documentation. Scheduled maintenance windows and emergency maintenance may occur; we will use commercially reasonable efforts to minimize disruption.
We warrant that we will provide the Services in a professional and workmanlike manner and substantially in accordance with the Documentation. Except as expressly stated, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or meet Customer’s requirements.
The term is as stated in your order form or account. Subscriptions renew automatically unless canceled before the renewal date (or as specified in the order). Either party may terminate upon material breach if not cured within thirty (30) days after written notice. We may terminate or suspend immediately for unlawful conduct, severe security risk, or non-payment.
Effect of termination: Access to the Services ends; fees due remain payable. Upon request within thirty (30) days, we will make Customer Data available for export in a reasonable format. Thereafter, we may delete or anonymize Customer Data, subject to legal retention requirements.
To the maximum extent permitted by law:
Each party will protect the other’s Confidential Information with reasonable care and use it only for the purposes of the relationship. Exceptions apply for information that is public, independently developed, or rightfully received from a third party.
Customer will comply with all applicable laws, including telecom, privacy, anti-spam, consumer protection, export control/sanctions, and anti-corruption laws. Customer is responsible for any required notices and consents for call recording and monitoring.
With Customer’s prior consent, we may use Customer’s name and logo in client lists and case studies. Either party may issue a press release subject to the other party’s prior written approval.
We may update the Services and these Terms from time to time. Material changes to the Terms will be notified via the website or email. Continued use after the effective date constitutes acceptance. If you object to material changes, you may terminate as set out in Section 17.
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., outages, cyberattacks, labor disputes, natural disasters, acts of government).
You may not assign or transfer these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, with notice to us. We may assign to an affiliate or successor.
If a provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. These Terms (together with any order form/MSA/SOW referenced herein) constitute the entire agreement regarding the Services and supersede prior or contemporaneous understandings.
These Terms are governed by the laws of Portugal, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Lisbon, Portugal. If you are a consumer and mandatory local law grants you protections, nothing in this clause limits those rights.
Questions about these Terms can be sent to info@kahea.ai